Monday, May 04, 2009

Struggling After Losing At The Third Circuit

Various news articles are now covering the struggles of an immigrant who recent lost his Third Circuit appeal in an asylum case. Maria Sacchetti of the Boston Globe covered "Harvard Peers Press To Stall A Deportation" on April 30, 2009, discussing how Nur Munir was a master's student in Harvard Divinity School, lost his Third Circuit appeal in March 2009, reported to ICE and ICE took him in to detention and put him in the York, Pennsylvania county facility. Harvard students are writing letters to support the request by his lawyer Dennis Mulligan, executive director of the Nationalities Service Center in Philadelphia, for deferred action, which would at least give Mr. Munir a chance to finish his studies before being deported.

The Third Circuit's not-precedential decision is written as a straightforward denial of an asylum appeal. The opinion is at and was by Judges Barry, Smith, and Hardiman in a per curiam opinion, on appeal from IJ Donald Vincent Ferlise and the BIA.

Typical options after losing a circuit court appeal include making a motion to reopen with the BIA, asking for panel rehearing, asking for en banc rehearing, seeking review at the United States Supreme Court, filing a petition with the Inter-American Commission on Human Rights, seeking a private bill, and asking for deferred action. Each option is very difficult to win, though.


Anonymous Rex said...

The author deleted a comment because it was not related to the post and was essentially a spam posting to advertise in favor of eVerify.

1:00 AM  
Blogger Sabastopol said...

Dear Rex, Do you know of any third circuit cases where they upheld a grant of withholding under CAT or under 241(b) imputed political opinion? I wish there was a way to email you rather then just commenting on your post. I don't know if you will ever see this.

10:46 AM  
Blogger Rex said...

The danger isn't whether I will see your comment, but whether I have any time to investigate your question! I see your question, but don't have any quick way to answer your question and am busy with various projects. Perhaps other blog readers have some ideas or insight?

10:57 PM  

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